Davis v. Carp
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. David E. Blair, Judge. (1) The ten-year Statute of Limitations in actions on domestic judgments against residents of the State, prescribed by section 1888 or section 1912 (if constitutional), is tolled by defendants departure from and residence out of the State of Missouri after the cause of action had accrued.
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Appeal from Jasper Circuit Court. — Hon. David E. Blair, Judge. (1) The ten-year Statute of Limitations in actions on domestic judgments against residents of the State, prescribed by section 1888 or section 1912 (if constitutional), is tolled by defendants departure from and residence out of the State of Missouri after the cause of action had accrued. See. 1897, R. S. 1909; McMurray v. McMurray, 180 Mo. 526; Sauter v. Leveredge, 103 Mo. 615. (2) Further, “if any person by absconding or concealing himself, or by any other improper act, prevent the commencement of an action, such action may be…
1Opinion of the Court
LAMM, J. —
Dates are material. On the 26th of January, 1898, in the circuit court of St. Louis the-receiver of the Mullanphy Savings Bank recovered a small judgment against Rosenberg and two Carps, (Max and Sam). On the next day in the same court he recovered another. On the 4th of August, 1904, he, assigned the judgments on the margin of the record for value received to plaintiff.
*690(Note: We assume the receiver made a clearance sale of uncollectible or desperate assets in a job lot to clear the way for a settlement of his receivership and his acquittance — the record showing the following,…
2Cases cited1 opinion
- Amy v. WatertownSupreme Court of the United States · 1889
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- Higgins v. Heine Boiler Co.Supreme Court of Missouri · 1931
- Anderson v. DyerMissouri Court of Appeals · 1970
- Bricker v. Gille Manufacturing Co.Missouri Court of Appeals · 1931
- Schmidt v. SchmidtMissouri Court of Appeals · 1981
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